Income Tax Assessment (1936 Act) Regulation 2015

PART 5 - REBATES  

Division 1 - Tax rebate for low income aged persons and pensioners  

SECTION 9   KEY CONCEPTS  
Purpose of this section

9(1)    
This section defines concepts that are relevant to working out:

(a) whether:

(i) a taxpayer who is an individual is entitled to a rebate under section 160AAAA of the Act for a year of income; or

(ii) a taxpayer that is a trustee is entitled to a rebate under section 160AAAB of the Act for a year of income in respect of a beneficiary who is an individual; and

(b) the amount of the rebate.

Base rebate amount

9(2)    
The base rebate amount , for the rebate, is:

(a) the amount in the item of the following table that applies to the individual mentioned in subparagraph (1)(a)(i) or (ii); or

(b) if more than one item of the table applies to the individual - whichever amount in the applicable items gives the taxpayer the greatest rebate entitlement.

Base rebate amount
Item	Column 1	Column 2
	Class of individual	Base rebate amount
1	An individual who, at any time during the year, is not a spouse of another individual	$2 230
2	An individual who, at any time during the year, is a spouse of another individual	$1 602
3	A member of an illness-separated couple (within the meaning of the Social Security Act 1991 )	$2 040

Note:

For the purposes of subsection 11(2) , the base rebate amount may be affected by section 12 .

9(3)    
For the purposes of items 1 and 2 of the table in subsection (2), spouses living separately and apart on a permanent basis are treated as not being spouses of each other.

Rebate threshold

9(4)    
The rebate threshold , for the rebate, is:

(a) the amount worked out using the formula in subsection (5); or

(b) if that amount is greater than the 159N rebate reduction threshold - the amount worked out using the formula in subsection (6) of this section.

9(5)    
For the purposes of paragraph (4)(a), the formula is:

Note:

For the purposes of subsection 11(2) , the base rebate amount may be affected by section 12 .

9(6)    
For the purposes of paragraph (4)(b), the formula is:

Note:

For the purposes of subsection 11(2) , the base rebate amount may be affected by section 12 .

9(7)    
For the purposes of the formula in subsection (6), the formula in this subsection is:

Rounding

9(8)    
The amount worked out under subsection (5) or (6) must be rounded up to the nearest whole dollar, if the amount is not an amount of whole dollars.